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K1 visa fiancee desires to marry a different man - help and options please

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K1 visa fiancee desires to marry a different man - help and options please

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Old Jun 24th 2005, 3:02 am
  #1  
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Default K1 visa fiancee desires to marry a different man - help and options please

I need some immediate help, advice and probaly a good lawyer.

I am sure this is not the first time this has happened and will not be
the last. What I need is the best method to solve the situation. My
girlfriend entered the country on K1 fiancée visa 6 weeks ago along
with her 2 boys. Living with her fiancée has been disastrous. He is
basically an unstable person. His friends have told her (they like
her) to get away from him ASAP. Her return flight to Russia is Aug 1,
2005.

A few weeks we met. It was love at first sight, we enjoy each others
company every way possible and her boys are great. We would like to
get married and be together. From what we can tell is that if her and
I were to marry, she and her sons would have to return Russia
immediately, sooner than August 1. She has no issues returning to
Russia with her boys, and starting the process over with me. Thus
there was no intent of fraud by her coming here on the current visa.
However, her oldest son is 20, and will be 21 in about 6 months. It
took her and fiancée almost 2 years to complete the process to bring
her here.

There are no issues of support, I have 19 years employment at a local
university and I own my own home. I also have a consulting business on
the side.

Technically, if she and I were to marry today, and I submitted I-130
forms, I-134, I-864 affidavits, and necessary forms for her boys and
I-485 application tomorrow, what would happen? The process would be
started, and she would be my wife. Would she and her boys be forced to
leave by August 1 or before? What would the effect be if she was
pregnant with my child?

Even if she leaves, because she is my spouse, I understand the process
goes better than with a fiancée. We have proof of meeting, proof of
marriage etc.

Now for the important questions: If we get married, she has broken the
agreement of the K1 visa, thus if INS forces her to return to Russia,
would the act of getting married, make it impossible to get approved
for return. If we do not get married, I go through the I-129 route,
which I could start today, would her chances of being approved take
less time or longer - since she has just been through this process.
I would like very much to bring he 20 year old son here. The concern
is that if the process takes longer than 6 months, he will not be able
to come. She does not want to separate her two boys, leaving her
oldest son in Russia.

She could easily fake liking her fiancée and marry him. That would
keep her children here. She could get her green card and citizenship
and divorce. But she would be miserable the whole time. That is not
the intent of the US Government to make people miserable. Any advice
and information would be appreciated.
 
Old Jun 24th 2005, 3:06 am
  #2  
Ldj
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Posts: n/a
Default Re: K1 visa fiancee desires to marry a different man - help and options please

Wow, geee....You are freaking stupid. I guess those 19 years in university
did not do you any good :))) Grow up lil boy

<[email protected]> wrote in message
news:[email protected] oups.com...
I need some immediate help, advice and probaly a good lawyer.

I am sure this is not the first time this has happened and will not be
the last. What I need is the best method to solve the situation. My
girlfriend entered the country on K1 fiancée visa 6 weeks ago along
with her 2 boys. Living with her fiancée has been disastrous. He is
basically an unstable person. His friends have told her (they like
her) to get away from him ASAP. Her return flight to Russia is Aug 1,
2005.

A few weeks we met. It was love at first sight, we enjoy each others
company every way possible and her boys are great. We would like to
get married and be together. From what we can tell is that if her and
I were to marry, she and her sons would have to return Russia
immediately, sooner than August 1. She has no issues returning to
Russia with her boys, and starting the process over with me. Thus
there was no intent of fraud by her coming here on the current visa.
However, her oldest son is 20, and will be 21 in about 6 months. It
took her and fiancée almost 2 years to complete the process to bring
her here.

There are no issues of support, I have 19 years employment at a local
university and I own my own home. I also have a consulting business on
the side.

Technically, if she and I were to marry today, and I submitted I-130
forms, I-134, I-864 affidavits, and necessary forms for her boys and
I-485 application tomorrow, what would happen? The process would be
started, and she would be my wife. Would she and her boys be forced to
leave by August 1 or before? What would the effect be if she was
pregnant with my child?

Even if she leaves, because she is my spouse, I understand the process
goes better than with a fiancée. We have proof of meeting, proof of
marriage etc.

Now for the important questions: If we get married, she has broken the
agreement of the K1 visa, thus if INS forces her to return to Russia,
would the act of getting married, make it impossible to get approved
for return. If we do not get married, I go through the I-129 route,
which I could start today, would her chances of being approved take
less time or longer - since she has just been through this process.
I would like very much to bring he 20 year old son here. The concern
is that if the process takes longer than 6 months, he will not be able
to come. She does not want to separate her two boys, leaving her
oldest son in Russia.

She could easily fake liking her fiancée and marry him. That would
keep her children here. She could get her green card and citizenship
and divorce. But she would be miserable the whole time. That is not
the intent of the US Government to make people miserable. Any advice
and information would be appreciated.
 
Old Jun 24th 2005, 3:30 am
  #3  
GeekBoy
Guest
 
Posts: n/a
Default Re: K1 visa fiancee desires to marry a different man - help and options please

"LDJ" <[email protected]> wrote in message
news:[email protected]...
    > Wow, geee....You are freaking stupid. I guess those 19 years in university
    > did not do you any good :))) Grow up lil boy


No kidding. Send her back.
I am sure it is "love at first sight" for her for whom ever can provide the
most money for her.


    > <[email protected]> wrote in message
    > news:[email protected] oups.com...
    > I need some immediate help, advice and probaly a good lawyer.
    > I am sure this is not the first time this has happened and will not be
    > the last. What I need is the best method to solve the situation. My
    > girlfriend entered the country on K1 fiancée visa 6 weeks ago along
    > with her 2 boys. Living with her fiancée has been disastrous. He is
    > basically an unstable person. His friends have told her (they like
    > her) to get away from him ASAP. Her return flight to Russia is Aug 1,
    > 2005.
    > A few weeks we met. It was love at first sight, we enjoy each others
    > company every way possible and her boys are great. We would like to
    > get married and be together. From what we can tell is that if her and
    > I were to marry, she and her sons would have to return Russia
    > immediately, sooner than August 1. She has no issues returning to
    > Russia with her boys, and starting the process over with me. Thus
    > there was no intent of fraud by her coming here on the current visa.
    > However, her oldest son is 20, and will be 21 in about 6 months. It
    > took her and fiancée almost 2 years to complete the process to bring
    > her here.
    > There are no issues of support, I have 19 years employment at a local
    > university and I own my own home. I also have a consulting business on
    > the side.
    > Technically, if she and I were to marry today, and I submitted I-130
    > forms, I-134, I-864 affidavits, and necessary forms for her boys and
    > I-485 application tomorrow, what would happen? The process would be
    > started, and she would be my wife. Would she and her boys be forced to
    > leave by August 1 or before? What would the effect be if she was
    > pregnant with my child?
    > Even if she leaves, because she is my spouse, I understand the process
    > goes better than with a fiancée. We have proof of meeting, proof of
    > marriage etc.
    > Now for the important questions: If we get married, she has broken the
    > agreement of the K1 visa, thus if INS forces her to return to Russia,
    > would the act of getting married, make it impossible to get approved
    > for return. If we do not get married, I go through the I-129 route,
    > which I could start today, would her chances of being approved take
    > less time or longer - since she has just been through this process.
    > I would like very much to bring he 20 year old son here. The concern
    > is that if the process takes longer than 6 months, he will not be able
    > to come. She does not want to separate her two boys, leaving her
    > oldest son in Russia.
    > She could easily fake liking her fiancée and marry him. That would
    > keep her children here. She could get her green card and citizenship
    > and divorce. But she would be miserable the whole time. That is not
    > the intent of the US Government to make people miserable. Any advice
    > and information would be appreciated.
    >
 
Old Jun 24th 2005, 3:58 am
  #4  
Guest
 
Posts: n/a
Default Re: K1 visa fiancee desires to marry a different man - help and options please

So you how do you know that I make more money than the man brought her
here? I like to know how you found out my income and his income?

In reality, his income is twice mine. He has given her jewery, furs,
provided her oldest son a new car, etc. I can provide for her and her
two boys, but nowhere close to how he can. She realizes the income
difference.

She was here for two days, and he almost beat her because she was sick
and did want to go out to dinner. His friend, stopped him - the one
that recommended she goes back because he knows how unstable her
fiancee is. In fact she almost went back that evening, but was willing
to give him another chance.

I am posting a legitimate question and seeking advice. I included my
real email address. You rant with comments of which you have no
knowledgable information, yet you do not have the guts to post your
email address.

Your comments have no place in the question I asked. I did not ask for
people to judge her or myself. I am surprised you could even respond,
or have internet access. You show a total lack of literacy. I guess
my tax dollars have managed to pay for internet access in the monkey
cages at the city zoos.
 
Old Jun 24th 2005, 4:51 am
  #5  
Ldj
Guest
 
Posts: n/a
Default Re: K1 visa fiancee desires to marry a different man - help and options please

that makes you two a bunch of stupid goofs :) I guess stupid idiots like you
deserve to have their lifes ruined :) go ahead and marry a russian hoe....
or both of you can marry her at the same time and have your lifes ruined :)

<[email protected]> wrote in message
news:[email protected] ps.com...
    > So you how do you know that I make more money than the man brought her
    > here? I like to know how you found out my income and his income?
    > In reality, his income is twice mine. He has given her jewery, furs,
    > provided her oldest son a new car, etc. I can provide for her and her
    > two boys, but nowhere close to how he can. She realizes the income
    > difference.
    > She was here for two days, and he almost beat her because she was sick
    > and did want to go out to dinner. His friend, stopped him - the one
    > that recommended she goes back because he knows how unstable her
    > fiancee is. In fact she almost went back that evening, but was willing
    > to give him another chance.
    > I am posting a legitimate question and seeking advice. I included my
    > real email address. You rant with comments of which you have no
    > knowledgable information, yet you do not have the guts to post your
    > email address.
    > Your comments have no place in the question I asked. I did not ask for
    > people to judge her or myself. I am surprised you could even respond,
    > or have internet access. You show a total lack of literacy. I guess
    > my tax dollars have managed to pay for internet access in the monkey
    > cages at the city zoos.
    >
 
Old Jun 24th 2005, 5:05 am
  #6  
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Posts: 2
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Default Re: K1 visa fiancee desires to marry a different man - help and options please

You might be better received on the Marriage forum.

You can not use the existing K1, she can not marry you and adjust.

So you either marry and she goes back and you apply for a CR1, quicker than K3 currently.

or you apply for a K1 for her to come back and marry you.

I would suggest the latter, gives you time to consider, but your call.
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Old Jun 24th 2005, 5:13 am
  #7  
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Default Re: K1 visa fiancee desires to marry a different man - help and options please

Originally Posted by Boiler
You might be better received on the Marriage forum.

You can not use the existing K1, she can not marry you and adjust.

So you either marry and she goes back and you apply for a CR1, quicker than K3 currently.

or you apply for a K1 for her to come back and marry you.

I would suggest the latter, gives you time to consider, but your call.
Agreed. The elder son: have you any ability with your university connections to assist him in gaining some sort of student visa?
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Old Jun 24th 2005, 7:01 am
  #8  
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Default Re: K1 visa fiancee desires to marry a different man - help and options please

For the last posts, Thank-you.

I have not heard of a CR1 Visa, but I look up information on it now.
The concern I have about the K1 visa, is would her approval chances and
time be worse since she was just here?

As for the student visa route, I had not considered this because it was
temporary. But since his mother is already considering returning,
knowing that his chances would be poor on returning. But, if he can
finish he education here, possibly at my university, they would still
be a family for a couple of years before he would have to return.

I guess what is interesting to me is the rights of those who are here
illegally. For example, I friend who is here 2 years past her student
visa, just applied for her mother to come and visit her and was
approved. I have to say she either had guts or was stupid to apply
given her current status. The fact her mother was approved for the
visa says there are serious checks missing in the system. That is why
I wonder if we could marry and adust status without her and her sons
returning to Russia.

Is the marriage board alt.visa.us.marriage-based?
 
Old Jun 24th 2005, 7:03 am
  #9  
Ldj
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Posts: n/a
Default Re: K1 visa fiancee desires to marry a different man - help and options please

why don't you just go and commit suicide? you will have less problems this
way....

<[email protected]> wrote in message
news:[email protected] oups.com...
    > For the last posts, Thank-you.
    > I have not heard of a CR1 Visa, but I look up information on it now.
    > The concern I have about the K1 visa, is would her approval chances and
    > time be worse since she was just here?
    > As for the student visa route, I had not considered this because it was
    > temporary. But since his mother is already considering returning,
    > knowing that his chances would be poor on returning. But, if he can
    > finish he education here, possibly at my university, they would still
    > be a family for a couple of years before he would have to return.
    > I guess what is interesting to me is the rights of those who are here
    > illegally. For example, I friend who is here 2 years past her student
    > visa, just applied for her mother to come and visit her and was
    > approved. I have to say she either had guts or was stupid to apply
    > given her current status. The fact her mother was approved for the
    > visa says there are serious checks missing in the system. That is why
    > I wonder if we could marry and adust status without her and her sons
    > returning to Russia.
    > Is the marriage board alt.visa.us.marriage-based?
    >
 
Old Jun 24th 2005, 9:37 am
  #10  
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Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: K1 visa fiancee desires to marry a different man - help and options please

Originally Posted by [email protected]

Is the marriage board alt.visa.us.marriage-based?
We will ignore the wanker, you can get it here, more user friendly.

http://britishexpats.com/forum/forumdisplay.php?f=35

With regards to your friend, you can not petition for a Visitors visa, her Mother would apply on her merits. You do not mention what country she came from, some can travel Visa free on the VWP and would not expect to have a problem. She might not be technically in an overstay situation as often students have a Duration of Status and technically you are not out of status until adjudged so.

She has 3 choices:

Marry the original petitioner.

Leave within 90 days

Stay illegally, married or single.

The children derive status from the Mother.

CRI is akin to the K3 but better as it is a full Immigrant Visa, K3 was introduced as CR1's were taking so long, but now CR1's are quicker!

www.visajourney.com has a good FAQ on the respective visa's.
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Old Jun 24th 2005, 10:59 am
  #11  
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Default Re: K1 visa fiancee desires to marry a different man - help and options please

Originally Posted by [email protected]
For the last posts, Thank-you.

I have not heard of a CR1 Visa, but I look up information on it now.
The concern I have about the K1 visa, is would her approval chances and
time be worse since she was just here?

As for the student visa route, I had not considered this because it was
temporary. But since his mother is already considering returning,
knowing that his chances would be poor on returning. But, if he can
finish he education here, possibly at my university, they would still
be a family for a couple of years before he would have to return.

I guess what is interesting to me is the rights of those who are here
illegally. For example, I friend who is here 2 years past her student
visa, just applied for her mother to come and visit her and was
approved. I have to say she either had guts or was stupid to apply
given her current status. The fact her mother was approved for the
visa says there are serious checks missing in the system. That is why
I wonder if we could marry and adust status without her and her sons
returning to Russia.

Is the marriage board alt.visa.us.marriage-based?

Presuming the sons accompanied her as K2s, if I am not mistaken neither she, nor her boys can adjust through marriage to you on her current visa. This is one of the restrictions on the K visa type. It is petitioner-specific.

She (and boys) will either have to leave the country, prior to 90 days after entry and you can petition them again on another K1 (no prior K1 should be a problem unless she has overstayed the 90 days) OR consider marriage and then try one of the spousal routes. In the meantime, while awaiting the approval of the visa, perhaps there might be other options for the son who is close to 21 years of age.

Last edited by bionomique; Jun 24th 2005 at 11:01 am.
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